Sturgeon v. United States

Fifth Circuit

Sturgeon v. United States

187 F.2d 9, 1951 U.S. App. LEXIS 2205

Court of Appeals for the Fifth Circuit·Decided February 7, 1951·No. 13173·Published·Cited by 1 cases

Opinion

*10 PER CURIAM.

Appealing from an 'order denying defendant’s motion, under Section 2255, Title 28 U.S.C.A., to vacate and set aside 'his sentence, defendant is here insisting - that the judgment of denial was erroneously entered and should be reversed. We do not think so.

The record shows: that the district judge gave the defendant full and complete opportunity to be heard in person and by counsel; and that, upon a record fully supporting his findings, he found adversely to the claims of the motion.

It is clear, therefore, that the appeal is without merit and that the judgment should be affirmed.

Affirmed.

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*10 PER CURIAM.

Appealing from an 'order denying defendant’s motion, under Section 2255, Title 28 U.S.C.A., to vacate and set aside 'his sentence, defendant is here insisting - that the judgment of denial was erroneously entered and should be reversed. We do not think so.

The record shows: that the district judge gave the defendant full and complete opportunity to be heard in person and by counsel; and that, upon a record fully supporting his findings, he found adversely to the claims of the motion.

It is clear, therefore, that the appeal is without merit and that the judgment should be affirmed.

Affirmed.

Sturgeon v. United States, 187 F.2d 9, 1951 U.S. App. LEXIS 2205 (5th Cir. 1951).

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